Today(on 24th April), Punjab and Haryana High Court clarifies kidnapping charges for minors leaving home voluntarily, grants anticipatory bail in 17-year-old’s alleged abduction.
Thank you for reading this post, don't forget to subscribe!
Chandigarh: Today(on 24th April), The Punjab and Haryana High Court has offered significant insights into the charge of kidnapping involving minors who voluntarily leave their homes. This ruling emerged when Justice Manisha Batra granted anticipatory bail to an accused individual alleged to have abducted a 17-year-old girl with the intention of coercing her into marriage.
According to Justice Batra, it is a well-established legal precedent that the act of ‘taking’ a minor must be evaluated in context, including factors such as the minor’s maturity and intellectual ability to make autonomous decisions.
The Court emphasized-
“It does not constitute an inducement for the prosecutrix to leave the custody of her lawful guardian and does not qualify as ‘taking’ as defined in Section 361 of the Indian Penal Code, which deals with kidnapping.”
Justice Batra further clarified that for a charge of kidnapping to hold, the accused must have actively encouraged the minor to leave the guardianship.
ALSO READ: Parent cannot be held guilty of kidnapping own child: Punjab and Haryana High Court
“If a minor at the age of discretion voluntarily leaves her parents’ home and accompanies the accused, the accused cannot be prosecuted for the offense of kidnapping.”
This case involves an accusation against the male individual, filed by the girl’s father in January. The accused defended himself by asserting that he was wrongly implicated, clarifying that he and the girl were in a relationship and had mutual intentions to marry, despite opposition from her family.
During the court proceedings, it was revealed that the girl, a student in Class XII, testified that her departure from home was of her own will.
“This implies that she did not attribute any responsibility to the petitioner for her decision to leave her home.”
– the court noted, reflecting her autonomy in the decision.
This acknowledgment of the girl’s volition played a critical role in the court’s decision to grant anticipatory bail to the accused. The court reasoned that since the girl was nearly at the legal age of majority, being 17 years and 4 months old, her capacity to make informed decisions must be recognized.
The ruling also pointed out the necessity to differentiate between potential scenarios of enticing a minor for marriage or illicit activities, which would be deliberated further during the trial. The court concluded that this was not a situation warranting custodial interrogation of the accused, nor was there a need for any immediate recovery, thereby justifying the decision to grant pre-arrest bail.
ALSO READ: Mumbai Court Convicts Transgender Person for Kidnapping and Murdering Infant
Representing the legal parties, Advocate Vishal Goel stood for the accused, while Senior Deputy Advocate General Ruchika Sabherwal represented the State of Punjab. Advocate Sukhdeep Singh appeared on behalf of the complainant.